Stewart v. Scribner

BASKIN, Judge.

Herbert Stewart, plaintiff in the personal injury action below, appeals an adverse final judgment which was entered in favor of the defendants, Donald Scribner and Key West Electrical Repair and Supply company, Inc. We hold that the trial court should have directed a verdict for plaintiff Stewart on the issue of liability. We also hold that the verdict was ambiguous necessitating a new trial on the issue of damages.

This action was instituted following an automobile accident which involved vehicles driven by appellant Stewart and appellee Scribner. Scribner’s vehicle, a pick-up…